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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2398 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
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| 40 ILCS 5/8-110 | from Ch. 108 1/2, par. 8-110 | 40 ILCS 5/8-113 | from Ch. 108 1/2, par. 8-113 | 40 ILCS 5/8-180.3 new | | 30 ILCS 805/8.47 new | |
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Amends the Chicago Municipal Article of the Illinois Pension Code. Adds the Metropolitan Pier and Exposition Authority to the definition of "employer". Adds any person employed by the Metropolitan Pier and Exposition Authority to the definition of "employee". Provides that an employee or a member or participant under any reciprocal retirement system or pension fund established under the Code may establish service credit in the Fund for employment with the Metropolitan Pier and Exposition Authority prior to the effective date of the amendatory Act by applying and paying to the Fund for that employment an amount equal to the (1) employee contributions based on the actual compensation received and the rate of contribution in effect on the date of payment; plus (2) an amount representing employer contributions determined by the retirement board; plus (3) interest at the effective rate from the date of service to the date of payment. Provides that service credit shall not be granted for any such prior employment for which the applicant received credit under any other provision of the Code or during which the applicant was on a leave of absence. Amends the State Mandates Act to require implementation without reimbursement.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
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| | A BILL FOR |
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| | SB2398 | | LRB103 30782 RPS 57270 b |
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| 1 | | AN ACT concerning public employee benefits.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Pension Code is amended by |
| 5 | | changing Sections 8-110 and 8-113 and by adding Section |
| 6 | | 8-180.3 as follows:
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| 7 | | (40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110)
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| 8 | | Sec. 8-110. Employer. "Employer":
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| 9 | | (1) a city of more than 500,000 inhabitants;
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| 10 | | (2) the Board of Education of the city, with
respect to any |
| 11 | | of its employees who participate in this Fund;
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| 12 | | (3) the Chicago Housing Authority, with respect to any of |
| 13 | | its employees who
participate in this Fund subject to the |
| 14 | | provisions of Section 8-230.9;
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| 15 | | (4) the Public Building Commission of the city, with |
| 16 | | respect to any of its
employees who participate in this Fund; |
| 17 | | and
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| 18 | | (5) the Retirement Board; and .
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| 19 | | (6) the Metropolitan Pier and Exposition Authority. |
| 20 | | (Source: P.A. 92-599, eff. 6-28-02.)
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| 21 | | (40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
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| 22 | | Sec. 8-113. Municipal employee, employee, contributor, or |
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| | SB2398 | - 2 - | LRB103 30782 RPS 57270 b |
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| 1 | | participant. "Municipal employee", "employee", "contributor", |
| 2 | | or "participant":
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| 3 | | (a) Any employee of an employer employed in the classified |
| 4 | | civil service
thereof other than by temporary appointment or |
| 5 | | in a position excluded or exempt
from the classified service |
| 6 | | by the Civil Service Act, or in the case of a city
operating |
| 7 | | under a personnel ordinance, any employee of an employer |
| 8 | | employed in
the classified or career service under the |
| 9 | | provisions of a personnel ordinance,
other than in a |
| 10 | | provisional or exempt position as specified in such ordinance
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| 11 | | or in rules and regulations formulated thereunder.
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| 12 | | (b) Any employee in the service of an employer before the |
| 13 | | Civil
Service Act came in effect for the employer.
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| 14 | | (c) Any person employed by the board.
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| 15 | | (d) Any person employed after December 31, 1949, but prior |
| 16 | | to January
1, 1984, in the service of the employer by temporary |
| 17 | | appointment or in
a position exempt from the classified |
| 18 | | service as set forth in the Civil
Service Act, or in a |
| 19 | | provisional or exempt position as specified in the
personnel |
| 20 | | ordinance, who meets the following qualifications:
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| 21 | | (1) has rendered service during not less than 12 |
| 22 | | calendar months to
an employer as an employee, officer, or |
| 23 | | official, 4 months of which must
have been consecutive |
| 24 | | full normal working months of service rendered
immediately |
| 25 | | prior to filing application to be included; and
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| 26 | | (2) files written application with the board, while in |
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| | SB2398 | - 3 - | LRB103 30782 RPS 57270 b |
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| 1 | | the service,
to be included hereunder.
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| 2 | | (e) After December 31, 1949, any alderperson or other |
| 3 | | officer or
official of the employer, who files, while in |
| 4 | | office, written
application with the board to be included |
| 5 | | hereunder.
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| 6 | | (f) Beginning January 1, 1984, any person employed by an |
| 7 | | employer other
than the Chicago Housing Authority
or the |
| 8 | | Public Building Commission of the city, whether or not such |
| 9 | | person
is serving by temporary appointment or in a position |
| 10 | | exempt from the classified
service as set forth in the Civil |
| 11 | | Service Act, or in a provisional or exempt
position as |
| 12 | | specified in the personnel ordinance, provided that such |
| 13 | | person is
neither (1) an alderperson or other officer or |
| 14 | | official of the employer, nor (2)
participating, on the basis |
| 15 | | of such employment, in any other pension fund or
retirement |
| 16 | | system established under this Act.
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| 17 | | (g) After December 31, 1959, any person employed in the |
| 18 | | law
department of the city, or municipal court or Board of |
| 19 | | Election
Commissioners of the city, who was a contributor and |
| 20 | | participant, on
December 31, 1959, in the annuity and benefit |
| 21 | | fund in operation in the
city on said date, by virtue of the |
| 22 | | Court and Law Department Employees'
Annuity Act or the Board |
| 23 | | of Election Commissioners Employees' Annuity
Act.
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| 24 | | After December 31, 1959, the foregoing definition includes |
| 25 | | any other
person employed or to be employed in the law |
| 26 | | department, or municipal
court (other than as a judge), or |
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| | SB2398 | - 4 - | LRB103 30782 RPS 57270 b |
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| 1 | | Board of Election Commissioners (if
his salary is provided by |
| 2 | | appropriation of the city council of the city
and his salary |
| 3 | | paid by the city) -- subject, however, in the case of such
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| 4 | | persons not participants on December 31, 1959, to compliance |
| 5 | | with the
same qualifications and restrictions otherwise set |
| 6 | | forth in this Section
and made generally applicable to |
| 7 | | employees or officers of the city
concerning eligibility for |
| 8 | | participation or membership.
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| 9 | | Notwithstanding any other provision in this Section, any |
| 10 | | person who first becomes employed in the law department of the |
| 11 | | city on or after the effective date of this amendatory Act of |
| 12 | | the 100th General Assembly shall be included within the |
| 13 | | foregoing definition, effective upon the date the person first |
| 14 | | becomes so employed, regardless of the nature of the |
| 15 | | appointment the person holds under the provisions of a |
| 16 | | personnel ordinance. |
| 17 | | (h) After December 31, 1965, any person employed in the |
| 18 | | public
library of the city -- and any other person -- who was a |
| 19 | | contributor and
participant, on December 31, 1965, in the |
| 20 | | pension fund in operation in
the city on said date, by virtue |
| 21 | | of the Public Library Employees'
Pension Act.
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| 22 | | (i) After December 31, 1968, any person employed in the |
| 23 | | house of
correction of the city, who was a contributor and |
| 24 | | participant, on
December 31, 1968, in the pension fund in |
| 25 | | operation in the city on said
date, by virtue of the House of |
| 26 | | Correction Employees' Pension Act.
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| | SB2398 | - 5 - | LRB103 30782 RPS 57270 b |
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| 1 | | (j) Any person employed full-time on or after the |
| 2 | | effective date of this
amendatory Act of the 92nd General |
| 3 | | Assembly by the Chicago Housing Authority
who has elected to |
| 4 | | participate in this Fund as provided in subsection (a) of
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| 5 | | Section 8-230.9.
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| 6 | | (k) Any person employed full-time by the Public Building |
| 7 | | Commission of
the city who has elected to participate in this |
| 8 | | Fund as provided in subsection
(d) of Section 8-230.7.
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| 9 | | (l) Any person employed by the Metropolitan Pier and |
| 10 | | Exposition Authority. |
| 11 | | (Source: P.A. 102-15, eff. 6-17-21.)
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| 12 | | (40 ILCS 5/8-180.3 new) |
| 13 | | Sec. 8-180.3. Credit for service as an employee of the |
| 14 | | Metropolitan Pier and Exposition Authority. An employee or a |
| 15 | | member or participant under any reciprocal retirement system |
| 16 | | or pension fund established under this Code may establish |
| 17 | | service credit in the Fund for employment with the |
| 18 | | Metropolitan Pier and Exposition Authority prior to the |
| 19 | | effective date of this amendatory Act of the 103rd General |
| 20 | | Assembly by applying and paying to the Fund for that |
| 21 | | employment an amount equal to the (1) employee contributions |
| 22 | | based on the actual compensation received and the rate of |
| 23 | | contribution in effect on the date of payment; plus (2) an |
| 24 | | amount representing employer contributions determined by the |
| 25 | | retirement board; plus (3) interest at the effective rate from |
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| | SB2398 | - 6 - | LRB103 30782 RPS 57270 b |
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| 1 | | the date of service to the date of payment. However, service |
| 2 | | credit shall not be granted under this Section for any such |
| 3 | | prior employment for which the applicant received credit under |
| 4 | | any other provision of this Code or during which the applicant |
| 5 | | was on a leave of absence.
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| 6 | | Section 90. The State Mandates Act is amended by adding |
| 7 | | Section 8.47 as follows:
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| 8 | | (30 ILCS 805/8.47 new) |
| 9 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and |
| 10 | | 8 of this Act, no reimbursement by the State is required for |
| 11 | | the implementation of any mandate created by this amendatory |
| 12 | | Act of the 103rd General Assembly.
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